The Equal Rights Amendment: No Expiration Date to Put Women in the Constitution
“The women of this country have waited over two centuries to be afforded equal protections under this country’s founding document.”[1] The Equal Rights Amendment (“ERA”) has endured an almost centennial-long battle in the United States’ legal system. Proposed in 1923 by two leaders of the National Women’s Party, Alice Paul and Crystal Eastman, the Amendment provides that: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”[2]
The Astros Cheated: Calling for the Recognition of a New Flavor of Judicial Standing Following the 2019 World Series
November 2019, the world of professional sports was rocked to its core when it was reported that Major League Baseball’s Houston Astros had cheated their way to a World Series victory in 2017,[1] using video technology to steal signs between the opposition’s pitcher and catcher and conveying the sign to Astros’ batters.[2]
Unlocking Our Public Lands
“We have fallen heirs to the most glorious heritage a people have ever received, and each one must do his part if we wish to show that the nation is worthy of its good fortune.” –Theodore Roosevelt [1]
Another Dime in the [Digital] Jukebox: What the Music Modernization Act Means for Artists in the Age of Streaming
“Listening to music will never be the same again.” This was the declaration of Steve Jobs during the introduction of the Apple iPod. At the time, a portable MP3 music player with the capacity to hold over 1,000 songs was unheard of.
Forced into Fitness: The Need for the Legal Profession to Update its Mental Health Approach
At the freeing age of sixteen, the only obstacle to unbridled rebellion is making sure you ask for permission to borrow the car. Unbeknownst to you, you are traveling in a speed restricted school zone and now have a ticket to explain to your parents. Years later, you apply to law school. Suddenly that ticket becomes relevant once again.
One Virus, Two Results: Contrasting the Judicial Response to COVID-19 in Michigan and Kentucky
On March 11, 2020, the World Health Organization labeled the emerging COVID-19 respiratory virus a pandemic. In the months afterwards, states and local governments across the country implemented drastic measures restricting the movement of their citizens in an effort to “stop the spread” of the novel coronavirus. In most cases, these orders came from state executives, often relying on rarely-used emergency powers.
A Silver Lining of COVID-19: Telehealth and the Appalachian Healthcare Landscape
In 2020, the COVID-19 pandemic truly altered the world around us. Many things have changed, but not all of these changes are necessarily bad. If there is a silver lining, it might be the way the world has come together through innovation. One such innovation, though not entirely novel, is the unprecedented adoption and growth of Telehealth in America.
Show ‘Em a Red Card: The U.S. Women’s National Soccer Team and Their Fight for Pay Equity
In just a few weeks, the United States Women’s National Soccer Team (USWNT) will compete for its fifth Olympic gold medal. Ranking as the top team in the world, this pursuit comes on the heels of the team winning the 2019 FIFA Women’s World Cup. An astonishing accomplishment, USWNT is now the second national team to win back-to-back tournaments and the only with four Women’s World Cup titles.
A Call to “Detach” from the Strict Interpretation of the Duberstein Standard
The Tax Code purports to cut gift recipients a break and not include the value of that gift in their federal income. The standard for determining if something is a gift, however, is a subjective standard set forth by the Supreme Court, resulting in determinations of income to be left to the cynicism of judges.
The Chilling Effect of Aggressive Police Responses to Peaceful Protests
On October 26, 2020, the United States Senate voted to confirm Seventh Circuit Court of Appeals Judge Amy Coney Barrett to the Supreme Court of the United States. This 52-48 vote fell largely on partisan grounds, becoming the first Supreme Court confirmation in modern times to receive no support from the minority party.
Though, before being confirmed as the 115th Associate Justice to serve on the United States Supreme Court, then-Judge Barrett faced questioning from members of the Senate Judiciary Committee on her judicial philosophy and legal knowledge. When responding to a question from Nebraska Sen. Ben Sasse asking her to name the five freedoms granted by the First Amendment of the United States Constitution, Judge Barrett faltered.
Sword or Shield? Religious Hospitals, Secular Practitioners, and Expansion of the Ministerial Exception
At the intersection of two entrenched principles—freedom from workplace discrimination and unfettered religious practice—sits a doctrine called the ministerial exception. The doctrine gives deference to religious institutions’ internal employment practices regarding its “ministers,” providing immunity from employment discrimination claims. First discussed in the aftermath of the Civil Rights Act of 1964, the doctrine permeated lower courts for decades before the Supreme Court finally granted it ultimate legitimacy in 2012.
Kentucky Must Pony Up to the 21st Century: The Path Towards Sports Betting in the Bluegrass State is Worth the Gamble
Kentucky has not yet legalized sports gambling. In early 2020, there was a bill with bipartisan support and enough votes in the General Assembly to pass should it be called to the floor. However, Republican leadership in the Senate refused to call the bill without the support of their caucus. Kentucky’s neighbors have chosen to do so and are experiencing financial rewards, despite the desperate economic context created by a pandemic. It is in the best interest of Kentuckians and Kentucky’s economy to legalize sports betting. It is time for Kentucky to get in the game.
Neither Toothless Nor Rigid: Kentucky’s Nondelegation Doctrine as Applied to Governor Beshear’s Emergency Response to COVID-19
On September 17, 2020, the Kentucky Supreme Court heard oral arguments from attorneys representing Governor Andy Beshear and various Kentucky businesses regarding Beshear’s use of emergency power to combat the spread of COVID-19 in Kentucky. Various challenges have been made to their validity, including Attorney General Daniel Cameron's argument that they violate the nondelegation doctrine...
Google v. Oracle: Issues & Analysis
On October 7, the U.S. Supreme Court held oral arguments for Google v. Oracle, a copyright case that could have massive implications for technology companies. The issues involved are complex, but essentially boil down to whether copyright protection extends to a software interface.
A Never Ending Debt to Society: Florida Voters' Attempt to Re-Enfranchise Felons, Derailed
In May of this year, 85,000 Florida felons who dutifully completed their sentences registered to vote, only to find another barrier to reclaiming their right to participate in American democracy. But despite a citizen supermajority voting to amend the state’s constitution and allow felons to regain their right to vote, Amendment 4’s purpose was thwarted when the state legislature passed a bill that arguably instituted a “poll tax”…
Justice Ruth Bader Ginsburg's Career Long Fight for Gender Equality
Ruth Bader Ginsburg, a mother, a wife, a feminist icon, a Supreme Court Justice, and as Chief Justice John Roberts said, “a rockstar,” passed away on September 18, 2020. Through her fight for gender equality, one that began many years before she took her place on the bench of the highest court in the nation, she has left behind a legacy.